South Africa Case Law

Selesho v FNB (40719/16)

Selesho v FNB (40719/16) [2020] ZAGPPHC 511 (7 September 2020)

Court

North Gauteng High Court, Pretoria

Case number

40719/16

Judge

M V NQUMSE

The court found that the applicant failed to provide a satisfactory and candid explanation for the circumstances in which the admission was made and for the delay in seeking its withdrawal. The applicant's conduct, including his lack of transparency regarding his dealings with Holmes and the business venture, undermined his bona fides. The court held that the admission made by the applicant's attorney was consistent with the evidence and the applicant's own statements in other forums. Furthermore, the withdrawal of the admission would cause prejudice to the respondent, particularly due to the…

Source excerpt

• Withdrawal Of Admission
• Rule 37 Uniform Rules
• Contractual Delivery
• Prejudice In Amendment
• Bona Fide Requirement

Beckham Investments (Pty) Limited v Kylekim Creators CC (2839/2005)

Beckham Investments (Pty) Limited v Kylekim Creators CC (2839/2005) [2007] ZAKZHC 23 (16 October 2007)

Court

High Courts - Kwazulu Natal

Case number

2839/2005

Judge

Swain

The court held that the plaintiff failed to prove a stricter delivery term and dismissed the damages claim, finding the defendant had delivered in terms of the agreement.

• Contractual Delivery
• Proof Of Performance
• Damages For Breach
• Allocation Of Onus
• Specific Performance
• Contract-law